Appellate Division: Second Judicial Department

M250650

E/afa

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2016-10206, 2018-03038, 2018-05268 Deutsche Bank National Trust Co., respondent, v Scott H. Finger, etc., et al., defendants, Jericho Equity Group, Ltd., appellant. (Index No. 60120/14)

DECISION & ORDER ON MOTION

Motion by Jericho Equity Group, Ltd., for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated May 4, 2018, to stay enforcement of a judgment of the same court entered December 19, 2017, and to stay the sale of the subject premises, pending hearing and determination of appeals from the order dated May 4, 2018, the judgment, and an order of the same court dated August 15, 2016, to enlarge the time to perfect the appeal from the order dated August 15, 2016, and to consolidate the appeals. Separate motion by Jericho Equity Group, Ltd., to consolidate the appeals from the order dated August 15, 2016, and the judgment, to enlarge the time to perfect the appeal from order dated August 15, 2016.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated August 15, 2016, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order dated August 15, 2016, may be brought up for review and raised on the appeal from the judgment; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order dated May 4, 2018, is denied; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment and to stay the sale of the subject premises is granted, and enforcement of the judgment and the sale of the subject premises are stayed, pending hearing and determination of the appeal from the judgment, on condition that the appeal from the judgment is perfected on or before June 25, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 25, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branches of the motion which are for an enlargement and to consolidate appeals, and the separate motion for an enlargement and to consolidate appeals, are denied as academic.

CHAMBERS, J.P., AUSTIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court